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ORD 1981-29 - Park Lighting Improvements• • ORDINANCE NO. 81- 29 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION, SERIES 1981, IN THE AMOUNT OF $40,560.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for Park Lighting Improvements and awarded a contract for the pur- chase of such equipment in accordance with Texas Revised Civil Statutes article 2368a.1 to Musco Lighting, Inc.; and WHEREAS the City authorized the publication of a notice of intention to issue Certificates of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of Park lighting improvements at an amount not to ex- ceed $45,000.00; and WHEREAS the notice of intention to issue Certificates of Obligation was published at the times and in the manner required by Texas Revised Civil Statutes article 2368a.1 on March 12, 1981 and March 19, 1981; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: The City Council ratifies the contract with Musco Lighting, Inc. for park lighting improvements and hereby confirms the purchase and installation of such improvements. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville, Texas, to be known and designated as "City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation" is hereby authorized to be issued and delivered in the principal amount of $40,560.00 for the purpose of acquiring park lighting improvements for use by the City, and the Mayor and City Secretary shall have joint control of such certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated April 1, 1981, shall mature and be payable in three (3) equal installments (subject to the City's option of prior payment), shall be registered as hereinafter set forth, and shall be in the following basic form, to -wit: Date: April 1, 1981 Amount: $40,560.00 Issued: Register No. 81- UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of FORTY THOUSAND FIVE HUNDRED SIXTY AND NO /100 DOLLARS ($40,560.00) in lawful money of the United States of America, with interest thereon from date of issue until paid at the rate of per cent per annum, payable on , and annually thereafter on the day of of each and every year as hereinafter provided until such sum is fully paid. • • BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collec- tion charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1982 1983 1984 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation, to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as required by law; that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of prin- cipal as same matures; that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. IN TESTIMONY WHEREOF, the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the 1st day of April, 1981. Mayor ATTEST: Ruth DeShaw, City Secretary FULL CONSIDERATION therefor being hereby acknowledged, this Certificate of Obligation was delivered to MUSCO LIGHTING, INC., the original holder on this date, to -wit: , and by it hereby transferred and assigned to MUSCO LIGHTING, INC. By Section 4: While said Certificate of Obligation or installment thereof is outstanding and unpaid, there shall be annually levied, assessed and collected in due time, form and manner a tax upon all of the taxable property in said City sufficient to pay the current interest thereon and to create a sinking fund sufficient to pay each installment of principal as the same becomes due, or a sinking fund of 2 %, whichever is greater; and in order to pay the interest on said Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2 %, whichever is greater, there is hereby levied a sufficient tax on each ONE HUNDRED DOLLARS valuation of taxable property in said City for the current year and the same shall be assessed and collected and applied • • to the purposes named; and while said Certificate of Obligation is outstanding and unpaid, a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then cur- rent interest on said Certificate of Obligation and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year, respectively, and said tax shall each year be assessed and collected and applied to the payment of the principal of and interest on said Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and coven- ants that it will provide and levy a tax legally and fully sufficient for such Certificate of Obligation, it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consid- eration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of said Certificate of Obligation and the closing of said acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k -2, Texas Revised Civil Statutes, as amended, until maturity, or upon prepayment. At the time said Certificate of Obligation is issued such Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: That the public importance of this measure and the fact that it is to the best interest of the City to acquire the equipment herein contemplated at the earliest possible date, for the immediate preserva- tion of the public peace, property, health and safety of the City and its citizens, creates an emergency and an imperative public necessity and this ordinance shall take effect and be in force from and after its passage and approval, and it is so ordained. Section 8: Notwithstanding any other provisions in the within ordinance to the contrary as to the authorized issuing date for such Certificate of Obligation, such Certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. INTRODUCED, PASSED AND APPROVED on first reading by unanimous vote of the City Council of the City of Huntsville, Texas, on this the 31st day of March, 1981. Mayor TEST: 1 .r. A 1■.‘ A41 DeS aw, i'y Secreta APPROVED AS TO FORM: y Scott Bounds, City Attorney